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Conroy Simberg partner Atheseus R. Lockhart and associate Aaron Zeilberger  recently received summary judgment in favor of their client in a premises liability action. The owner of the property rented the home to a tenant who installed a rope swing without the knowledge of the homeowner. The tenant invited friends to the residence and a child was hurt after the swing broke and the child fell on exposed tree roots. Defense theories include lack of control or possession of the property at the time of the incident and exposed roots were an open and obvious condition and not an unknown danger.

The Court provided the lack of actual or constructive notice to the owner of the property regarding the swing installation was sufficient to grant summary judgment in favor of the homeowner.